Unless a family is exceptionally good at keeping track of relatives, locating heirs and beneficiaries for a recently deceased family member's estate can be a time consuming and difficult task. Sometimes a death is sudden or extenuating circumstances leave the contents of a will outdated. Whoever is appointed as the personal representative for the decedent’s estate will have the task of making a reasonable effort to locate beneficiaries. Here is a guide for helping you begin your search for an heir.
Types of Heirs
If an heir is listed in the will but cannot be located, he or she will be considered missing. It is the duty of the personal representative to make a reasonable effort to locate the heir. In the event that he or she cannot be located, the assets may be handled in the following ways.
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Transferred to a trust in the heir’s name for a predetermined amount of time
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Transferred to any descendants of the heir
- Turned over to the state if no heir comes forward in a prescribed amount of time
If there is not an heir named in a will, it will be left to the probate court to decide who will be considered the legitimate heir of the estate.
Finding an Heir
If the personal representative is tasked with looking for a suitable heir(s), he or she may use the following techniques to find them in Texas.
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Post a listing in local newspapers first to determine if there are any potential heirs that have not been contacted regarding the death. A posting must also be listed at the courthouse for a predetermined period of time. Both types of posting are court ordered necessities.
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Use court documents, assets from the estate, or the word of friends and relatives to determine an heir.
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Attend community events and discuss the matter with locals who may be able to provide some information about the decedent and his or her wishes.
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Use public records departments to locate the individual. Sending inquiries to the Bureau of Vital Statistics or the Motor Vehicle Bureau may provide you with a recent address.
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Use an aggregate public record source. Sources like CourthouseDirect.com (for Texas specific information) may be able to provide you with a more detailed picture of the individual and where he or she might be located.
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Use social media. Sometimes you might be able to directly contact a potential heir through social media to set up a meeting if there is no other method of making contact. While social media should never be used to discuss the details of court proceedings, it can be helpful to locate and make initial contact with an individual.
After an heir has been contacted by a personal representative of the estate, he or she will need to file an application to be recognized as an heir and receive any benefits from the estate. The application will require some form of proof that an heir is entitled to receiving benefits from the decedent’s estate and a judge will have to approve the application before benefits may be collected. Sometimes, an heir will need to make a statement before the court regarding his relationship to the decedent as verification of his status.
